page 59
Article 292: Words or expressions that are commonly used by consumers and technical
words or expressions from the field to which the goods and services belong shall
be deemed not to be of distinctive nature, as provided for in Article 288.
Article 293: In determining whether a mark is well known, consideration shall be given to the
degree of recognition of the mark in the sector in question, including the degree
of recognition arising from the advertising made for the mark in accordance with
the provisions of Article 288, paragraph 5.
There is a risk of confusion according to paragraph 6 of the same Article, in the
case of use of an identical sign for identical goods or services.
Article 294: The prior user of a mark whose name does not appear in the register or who does
not have an application pending under Article 288, paragraph 6, may lodge a
statement of opposition to an application for registration of a similar or identical
mark filed by a third party for similar or identical goods, in accordance with
Articles 262 to 268 and with the provisions of the relevant regulations, provided
that:
- he proves that he has used this mark in good faith for at least six months
before the date of filing or, as the case may be, the date of priority;
- he proves that he has acquired a clientele and that this clientele attaches a
certain reputation to the mark;
- he files an application to register his own mark before lodging a statement of
opposition with the Industrial Property Director.
Article 295: The registration by a third party of a mark similar or identical to a mark that has
lapsed, under Articles 300 and 301, or which has been abandoned, under Article
311, for similar or identical goods or services, shall only be admitted after the
expiration of a period of at least two years as from the date on which the notice
of the end of protection for the mark was published in the Official Journal of
Burundi. This Article shall not apply to a party who holds a license for a mark
that has been granted under license and abandoned under Article 311.
Chapter II: Applications for registration
Article 296: Applications for the registration of a mark must be filed with the Industrial
Property Director and must contain a request, a reproduction of the mark and the
list of goods and services for which the registration of the mark is sought, listed
in the order of the relevant classes of the international classification.
The filing of the application shall be subject to payment of the prescribed fee.
Article 297: In the event that the mark consists of a sign that is not visually perceptible, the
application must contain a graphic representation of the mark. This reproduction
must be specific and may not consist of a mere general description of the sign.